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  • …and any other concerns you have!
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If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Estate Planning Package

For one person

$135
What’s included:
  • Last will and testament
  • Health care directive & living will
  • Financial power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Financial Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A financial power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Health Care Directive & Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A health care directive and living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Estate Planning Package

For two people

$255
What’s included:
  • Two wills, health care directives & living wills, and financial powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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Financial Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A financial power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Health Care Directive & Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A health care directive and living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Health Care Directive & Living Will + Financial Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A health care directive and living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A financial power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Financial Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A financial power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Health Care Directive & Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A health care directive and living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Health Care Directive & Living Will + Financial Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A health care directive and living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A financial power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Financial Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A financial power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Health Care Directive & Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A health care directive and living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

How to Make a Will in Michigan FAQ

A last will and testament is a critical legal document to help your family members and other loved ones when you die. To make a valid will in Michigan, you must follow specific procedures and Michigan law. We have the answers to your frequently asked questions about making a will in the state of Michigan.

Table of Contents

What If I Die Without a Will in Michigan?

If you do not make a will in Michigan, you die “intestate,” meaning without a will. A probate court follows intestacy laws to distribute your property among your family members according to state law.

What Does a Will Do?

A will gives the probate court instructions on how you want your estate managed. In your will, you may direct the following:

  • Who manages your estate (your personal representative or executor)
  • Who receives your personal property and real estate (your beneficiaries)
  • Who should care for your minor children (your guardian)
  • Who should care for your pets
  • If you want to make charitable donations

If you do not make these decisions, it is up to the court to decide for you. A will speeds up the probate process, saving time and money.

What Doesn’t a Will Do?

However, certain types of assets pass outside of your will. For example, bank accounts and life insurance policies. These assets pass to your beneficiaries by transfer-on-death beneficiary designations accounts or named beneficiaries on policies such as the following:

  • Bank accounts
  • Investment accounts
  • Retirement accounts such as IRAs, Keoghs, 401K
  • Pensions
  • Life insurance
  • Annuities

Check all your account and policies to make sure you have the correct beneficiary and backup beneficiary (in case the primary beneficiary dies before you). If you do not have a beneficiary for these accounts and policies, the proceeds become part of your probate estate. You may have to provide contact information so the banks and insurers can give them to your beneficiaries.

Who Can Make a Will in Michigan?

The person making a will, called a “testator,” must have testamentary capacity to make a will in Michigan, meaning they are of a certain age and have a sound mind.

  • Age: A testator must be at least 18 years old.
  • Sound Mind: A testator must have a sound mind. A sound mind means the testator has testamentary capacity which means they are aware they are making a will, understands what property they own, who their natural beneficiaries are, and know the effect of them signing a will.

A testator must have testamentary capacity at the time they make and sign the will.

Does Michigan Have a Statutory Will?

Yes. In section 700.2519 of the Michigan state code, Michigan provides a statutory will for its citizens. However, the will is limited in how you distribute your property. For example, you may only leave two cash gifts to persons or charities, and the remainder of your estate goes to your spouse (if you have one). If you do not have a spouse at the time of your death, it goes to your children.

Many people opt for online estate planning solutions, such as FindLaw Legal Forms and Services, to create their will customized to their needs. The advantage is that they can make a new will whenever they have a life change, such as a death in the family, the birth of a child, or divorce. Such life events may prompt you to change your personal representative, beneficiaries, or guardians.

What Types of Wills Does Michigan Accept?

Michigan only recognizes certain types of wills for probate court. It is helpful to understand the following types of will and if they are acceptable to the court:

  • Handwritten Will: A handwritten, or holographic will, is a will the testator writes in their own hand. Many states do not honor handwritten wills, but Michigan is an exception. A handwritten will is valid if material parts of the will are in the testator’s handwriting and signed and dated by the testator. It does not require witnesses.
  • Oral Will: Michigan does not permit oral or spoken wills. All wills must be in writing.
  • Electronic Will: An electronic will refers to a method of signing or witnessing a will using two-way audio-visual technology. Currently, Michigan does not allow electronic wills.

Even though you could handwrite your will and not use witnesses, you may open your will up to challenges of fraud or undue influence.

Can I Make My Own Will in Michigan?

Yes. Michigan allows you to make your own will. You can create your will if you have testamentary capacity and know how you want to distribute your estate. You do not need an attorney to draft a will in Michigan and many use self-help solutions such as FindLaw Legal Forms and Services. However, if you have a specific type of case where you have a significant net worth and need specialized tax planning or a child with special needs and want a living trust, you may wish to seek legal advice.

How Do I Make My Will Valid in Michigan?

Michigan has specific requirements for signing and witnessing your will. You must comply with the following Michigan laws to make a valid will:
  • Signature: You must sign your will, or if you are unable to sign, you may direct someone else in your presence to sign for you.
  • Witnesses: Two competent witnesses must witness your signing of your will or your acknowledgment of your signature on your will.
  • Interested witnesses: An interested witness is one who stands to inherit your property by a will or intestacy laws. Many states do not allow interested witnesses to attest to a will. However, Michigan does not have a law against interested witnesses.
  • Notary: You do not need a notary for your will. However, you will need a notary if you want to use a self-proving affidavit.
  • Self-Proving Affidavit: An optional self-proving affidavit is a sworn statement that your witnesses sign when you make your will. They attest in front of a notary that they saw you sign your will, you have testamentary capacity, and it is your voluntary act without constraint for undue influence. The benefit of using a self-proving affidavit is that your witnesses do not have to testify in probate court about your will’s authenticity.

A probate court may not honor your will if you do not follow the state requirements.

Can I Disinherit My Spouse in Michigan?

No. You cannot completely disinherit your spouse unless they signed a pre-nuptial or post-nuptial agreement waiving their right to an elective share of your property. An elective share is a portion of a decedent’s estate that a spouse may claim if left of out the will. They may also receive a homestead allowance, family allowance, and allowance for exempt property (furniture, household items, automobiles).

Can I Disinherit My Children in Michigan?

Generally, you can disinherit any adult children who are not minors or dependents in your will. However, you must expressly state you are disinheriting them in your will. If you leave them out of your will, the probate court treats them as an omitted child by mistake and allows them an intestate share.

What Estate Planning Documents Should I Have in Michigan?

Having a will is an important first step in a complete estate plan. However, there are other documents that help protect you and your family throughout your life.

  • Power of Attorney. A power of attorney is a legal document where you appoint someone as your agent or attorney in fact to make financial decisions for you and manage your financial affairs. This is a handy document if you are out of town and an important one if you are suddenly incapacitated.
  • Living Will. A living will or advance health care directive allows you to give instructions for your end-of-life care and treatment, including life-prolonging measures. You can also name a health care agent in your living will. Your health care agent in charge of your health care decisions and receive information about your medical condition. It is helpful to make these decisions in a living will, so your loved ones don’t have to make them.

Fortunately, making a valid will and creating other Michigan estate planning documents is easy with online estate planning templates.

Estate planning solutions to fit your needs.

Written by:

Catherine Hodder, Esq.

Senior Legal Writer

Ally_Marshall_image

Reviewed by:

Ally Marshall, Esq.

Managing Editor